SP060009R0515 Alaska RFP.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 | 86

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

SP0600-09-R-0515

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[ x ] NEGOTIATED (RFP)

5. DATE ISSUED

April 1, 2009

REQUISITION/PURCHASE NUMBER

SP0600-09-1076

7. ISSUED BY CODE SP0600 8. ADDRESS OFFER TO (If other than item 7) Defense Energy Support Center 8725 John J Kingman Road, Suite 4950 Ft. Belvoir, Alexandria, VA 22060-6222 PP: 6.1 Buyer/Symbol: Amy V. Loar/DESC-BXA Phone: 703-767-9329 Fax: 703-767-9338/amy.loar@dla.mil

ATTN: BID CUSTODIAN, DESC-BXA, RM. 2945

Defense Energy Support Center 8725 John J Kingman Road, Suite 4950 Ft. Belvoir, Alexandria, VA 22060-6222 Fax: 703-767-9338 Verification: 703-767-9350

NOTE: In sealed bid solicitation “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and 1 (one) copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in DESC-BXA; Room 2945 until 3:00 PM local time June 5, 2009 EDST (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. See Clause L2.05-8

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION AREA CODE NUMBER EXT.

CALL: Amy V. Loar 703 767-9329 amy.loar@dla.mil

11. TABLE OF CONTENTS

(x) SEC. DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 17

B SUPPLIES OR SERVICE AND PRICES/COSTS 3 PART III - LIST OF DOCUMENTS, EXHIBITS, AND

OTHER ATTACH.

C DESCRIPTION/SPECS/WORK STATEMENT 8 J LIST OF ATTACHMENTS 65

D PACKAGING AND MARKETING PART IV-REPRESENTATIONS & INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 8 K REPRESENTATIONS, CERTIFICATIONS, 65

F DELIVERIES OR PERFORMANCE AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION 11 L INSTRS., COND., AND NOTICES TO OFFERORS 75

H SPECIAL CONTRACT REQUIREMENTS 16 M EVALUATION FACTORS FOR AWARD 83

OFFER (Must be fully completed by offeror) NOTE: ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within * calendar days (60 calendar days unless a different period is inserted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. * See Clause L1.02

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS % 20 CALENDAR DAYS% 30 CALENDAR DAYS% CALENDAR DAYS%

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. NAME AND

ADDRESS OF

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

OFFEROR

15B TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. [ ] DIFFERENT FROM ABOVE – ENTER

SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

IN BLOCK 25 (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type of print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on the Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV 9-97)

Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

SP0600-09-R-0515

SF33

A. THIS REQUIREMENT IS 100% SET ASIDE FOR SMALL BUSINESSES.

B. Preproposal conferences will be held during the second week in May. An amendment will be issued with the specifics of these conferences by April 10, 2009. Interested parties should submit names and phone numbers of attendees to Amy Loar via email NLT May 5, 2009. Technical questions can also be submitted at this time. Attendance at the preproposal conferences is encouraged.

C. The NAICS Code is 562910 and the threshold is 500 employees (see K1.01-11). The point of contact for Small Business Affairs is Ms. Lula Manley, telephone (703) 767-9465.

D. Your offer must be received in DESC-BXA by 3:00 p.m. on May 15, 2009. Facsimile proposals are not authorized. Do not return the entire solicitation package. Simply complete and return an original and one copy of the Offeror Submission Package data and an original and two copies of the Technical/Management Proposal submissions as described in Clause L201.01. Lack of registration in the Central Contractor Registration (CCR) database will make an offeror ineligible for award as described in Clause I1.07. Your prices must be inserted in Clause B35 in the Offeror Submission Package. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements. Attach the insurance binder required by Clause I131 to your Offeror Submission Package. The required insurance coverage is detailed in Clause H51.03.

E. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentations are neither necessary nor wanted. In accordance with Clause I7 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000), please submit your offer in double-sided format. The font size shall not be less than 10.

F. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

G. The Government intends to evaluate proposals and award contract after written or oral discussions with all responsible offerors that submit proposals within the competitive range (see Clause L2.05-8). This procurement will use Source Selection Procedures. See Clause M28.04 for evaluation factors. The resulting type of contract will be Firm, Fixed Price (Requirements) with Cost Reimbursement Provisions.

H. Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of a Government contract is voidable at the option of the Government.

I. Care should be taken to mail correspondence relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.

Solicitation – SP0600-09-R-0515

CLAUSE INDEX

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DESC APR 2003) 3

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

(See Attachment 1)

SECTION E – INSPECTION AND ACCEPTANCE

E5 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996) 8

E5.03 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996) 9

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992) 10

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 10

E50 RESPONSIBILITY FOR SUPPLIES (APR 1984) 11

E200 INSPECTION OF SERVICES - COST-REIMBURSEMENT (APR 1984) 11

SECTION G - CONTRACT ADMINISTRATION DATA

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998) 11

G3.01 PAYMENT DUE DATE (DESC OCT 1988) 11

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DESC DEC 1999) 11

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION 12

(OCT 2003)

G17.01 CONTRACTOR'S ACCOUNTING SYSTEM (DESC FEB 1992) 13

G30 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUN 2007) 13

G50.01 CONTRACTOR'S PURCHASING SYSTEM (DESC FEB 1992) 14

G148.06 SUBMISSION OF INVOICES FOR PAYMENT (ENVIRONMENTAL) (DESC MAR 2006) 15

G148.06-1 REIMBURSEMENT FOR TRAVEL (DESC MAR 2006) 15

G150.02 COURIER DELIVERY OF INVOICES (DESC NOV 2008) 16

SECTION H – SPECIAL CONTRACT REQUIREMENT

H9 KEY PERSONNEL (DESC AUG 1991) 16

H9.01 TECHNICAL DIRECTION (DESC FEB 1992) 16

H9.02 AUTHORITY TO TAKE DIRECTION (DESC FEB 1992) 17

H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DESC AUG 1998) 17

SECTION I – CONTRACT CLAUSES

I1 DEFINITIONS (JUL 2004) 17

I1.02 COMPUTER GENERATED FORMS (JAN 1991) 17

I1.06 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998) 18

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (APR 2008/SEP 2007) 18

I1.19 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 19

I1.22 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) 20

I1.22-1 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER 20

ACTIVITY (JAN 1997)

I1.24 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005) 21

I2 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 23

I2.06 CHANGES - FIXED-PRICE (ALT II) (AUG 1997/APR 1984) 23

I3 EXTRAS (APR 1984) 23

I3.01 PROMPT PAYMENT (OCT 2003) 24

I4 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 26

I7 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) 26

I8.02 ASSIGNMENT OF CLAIMS (ALTERNATE I) (JAN 1986/APR 1984) 27

I11.01-4 ADMINISTRATIVE COST OF TERMINATION FOR DEFAULT – NONCOMMERCIAL ITEMS OR 27

SERVICES (DESC FEB 2000)

I11.03 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) 27

I11.04 BANKRUPTCY (JUL 1995) 28

I12.01 DISPUTES (JUL 2002) 28

I12.03 PROTEST AFTER AWARD (AUG 1996) 29

I15.03 CONVICT LABOR (JUN 2003) 29

I16.01 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION 29

(JUL 2005)

I18 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT- 30

RELATED FELONIES (DEC 2008)

I18.02 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) 31

I18.03 EQUAL OPPORTUNITY (MAR 2007) 31

I18.15 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) 32

I19 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2004) 33

I20 COVENANT AGAINST CONTINGENT FEES (APR 1984) 34

I24 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) 34

I25 AUTHORIZATION AND CONSENT (DEC 2007) 34

I27 GRATUITIES (APR 1984) 34

I28.16 FEDERAL, STATE, AND LOCAL TAXES (APR 2003) 35

I31.06 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984) 35

I32 CANCELLATION UNDER MULTIYEAR CONTRACTS (OCT 1997) 35

I33 INTEREST (JUN 1996) 36

I36 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) 37

I43.01 LIMITATION OF LIABILITY - SERVICES (FEB 1997) 38

I55 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (MAR 2008) 39

I84 REQUIREMENTS (OCT 1995) 39

I90 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) 40

I94.01 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA - MODIFICATIONS (OCT 1997) 40

I95 AUDIT AND RECORDS – NEGOTIATION (JUN 1999) 41

I96.02 PRICING ADJUSTMENTS (DEC 1991) 41

I96.03 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER 42

THAN PENSIONS (JUL 2005)

I97.02 SUBCONTRACTOR COST OR PRICING DATA - MODIFICATIONS (OCT 1997) 42

I98 PROTECTING THE GOVERNMENT'S INTERESTS WHEN SUBCONTRACTING WITH 42

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN 2005)

I100 SERVICE CONTRACT ACT OF 1965 (NOV 2007) 42

I102 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT 46

(MULTIPLE YEAR AND OPTION CONTRACTS) (NOV 2006)

I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PAYROLL TAX 47

ADJUSTMENT (DESC JUL 1988)

I102.03 DRUG-FREE WORK FORCE (SEP 1988) 47

I102.04 DRUG-FREE WORKPLACE (MAY 2001) 48

I102.05 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) 49

I117 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 49

I117.01 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND 49

IMPROVEMENTS (APR 1984)

I131 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 49

I132.02 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) 49

I136 COMPETITION IN SUBCONTRACTING (DEC 1996) 50

I168 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM 50

ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

I169 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM 51

ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

I170 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) 51

I173 LIMITATIONS ON SUBCONTRACTING (DEC 1996) 52

I176 COST ACCOUNTING STANDARDS (OCT 2008) 52

I176.05 ADMINISTRATION OF COST ACCOUNTING STANDARDS (MAR 2008) 53

I181 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) 57

I190.03 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS 58

(APR 1993)

I190.05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003) 58

I198 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 58

I203 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) 58

I209.14 EXTENSION PROVISIONS (ENVIRONMENTAL) (DESC SEP 1997) 58

I211 ORDERING (OCT 1995) 58

I225 PAYMENTS (APR 1984) 59

I226 AVAILABILITY OF FUNDS (APR 1984) 59

I229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) 59

I236 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003) 59

I251 ANTI-KICKBACK PROCEDURES (JUL 1995) 29

I252 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (JAN 2009) 60

I255 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION UNDER THE 60

INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV 1995)

I285 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE 61

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

I302 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008) 61

I340 COMBATING TRAFFICKING IN PERSONS (AUG 2007) 63

I350 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 63

I603 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (APR 2003) 64

I605.01 DISCLOSURE OF INFORMATION (DESC FEB 1992) 64

SECTION J – LIST THE DOCUMENTS LISTED BELOW ARE ATTACHED A OF ATTACHMENTS

FORM TITLE LOCATION

SF33 SOLICITATION, OFFER AND AWARD PAGE 1

PERFORMANCE WORK STATEMENT ATTACHMENT 1

DEPARTMENT OF LABOR WAGE DETERMINATION ATTACHMENT 2

# 2005-2473 (REV. 6) dtd 5/29/08

OFFEROR SUBMISSION PACKAGE ATTACHMENT 3

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

K1.01-5 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 65

K1.01-6 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 65

K1.06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) 66

K1.01-11 SMALL BUSINESS PROGRAM REPRESENTATIONS (ALTERNATE I) (MAY 2004/APR 2002) 66

K7 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2008) 68

K15 RELEASE OF UNIT PRICES (DESC MAR 2004) 70

K15.03 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 70

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 70

K41 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) 70

K60 PROHIBITION ON CONDUCTION RESTRICTED BUSINESS OPERATIONS IN SUDAN – 71

CERTIFICATION (JUN 2008)

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST 71

COUNTRY (OCT 2006)

K88 TAXPAYER IDENTIFICATION (OCT 1998) 72

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008) 72

K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN 74

FEDERAL TRANSACTIONS (SEP 2005)

K99 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (JUN 2003) 74

K150 WIDE AREA WORKFLOW (DESC OCT 2008) 75

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 75

L2.01 INSTRUCTIONS TO OFFERORS (RFP) (DESC OCT 1981) 75

L2.05-8 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (ALTERNATE I) 75

(JAN 2004/OCT 1997)

L2.21 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 78

L5 SERVICE OF PROTEST (SEP 2006) 78

L5.01-1 AGENCY PROTESTS (APR 2006) – DLAD 78

L17 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED 78

IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (JAN 2006)

L18 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 78

L23 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (MAR 1998) 79

L54.01 SITE VISIT (APR 1984) 79

L74 TYPE OF CONTRACT (APR 1984) 79

L82 WAGE DETERMINATION (DESC FEB 2009) 79

L87.06 CONDITIONS FOR MULTIYEAR OFFERS (DESC FEB 2009) 79

L198 PREPROPOSAL CONFERENCE (ENVIRONMENTAL) (DESC OCT 1992) 79

L201.01 SPECIFIC INSTRUCTIONS FOR PREPARING OFFERS (ENVIRONMENTAL) (DESC JAN 2009) 79

L205 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999) 82

SECTION M – EVALUATION FACTORS FOR AWARD

M7 SOCIOECONOMIC EVALUATION (DESC APR 2003) 83

M28.04 BASIS FOR AWARD (ENVIRONMENTAL) (DESC JAN 2009) 83

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997) 86

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DESC APR 2003)

The services to be furnished during the period specified herein and the unit prices are as follows:

FIVE YEAR CONTRACT PERIOD –March 1, 2010 through February 28, 2015

LEVEL UNIT PRICING IS REQUIRED

Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

Develop a Detailed Work Plan IAW TASK 1 of the SOW

1001A Lump Sum Price for Work Plan

1001B Unit Price Per Hour in Excess of those Included in Lump Sum Work Plan

Conduct Soil/Gas Survey IAW TASK 2 of the SOW

1002A Price Per Unit (10 points/unit) Soil Gas Units - 4 foot depth

1002B Price Per Unit (10 points/unit) Soil Gas Units - 14 feet depth

1002C Mobilization Cost for Soil Gas Survey

Conduct Geophysical Survey IAW TASK 3 of the SOW

1003A Price Per Unit of Geophysical Survey (10,000 linear feet) to Include Report of Findings

Locate Install and Sample Boring TASK 4 of the SOW

1004A Price per Boring up to 10 feet

1004B Price per foot of Boring 11 to 20 feet

1004C Price per foot of Boring 21 to 60 feet

1004D Price per foot of Boring 61 to 150 feet

1004E Mobilization Cost for Soil Borings

Locate Install and Sample Monitoring Wells IAW TASK 5 of the SOW

1005A Price per 2" Monitoring Well up to 10 feet

1005B Price per foot of 2" Monitoring Well 11 to 20 feet

1005C Price per foot of 2" Monitoring Well 21 to 60 feet

B35 Con’t Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1005D Price per foot of 2" Monitoring Well 61 to 150 feet

1005E Price per 4" Monitoring Well up to 10 feet

1005F Price per foot of 4" Monitoring Well 11 to 20 feet

1005G Price per foot of 4" Monitoring Well 21 to 60 feet

1005H Price per foot of 4" Monitoring Well 61 to 150 feet

1005I Price per foot to close/decommission 2” Monitoring Well

1005J Price per foot to close/decommission 4” Monitoring Well

1005K Mobilization Cost for Monitoring Wells.

Conduct Well Development IAW Task 6 of the SOW

Conduct Direct Push Testing (DPT) IAW TASK 7 of the SOW

1007A Price Per Unit of DPT (5 pores per unit)

1007B Mobilization Cost for DPT Testing

Conduct Analytical Testing, Cost Per Test for the Following Procedures:

1008A

1008B

1008C

1008D

1008E

1008F

1008G

1008J

1008I

1008J

1008K

1008L

B35 Con’t Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1008M

1008N

1008O

1008P

1008Q

1008R

1008S

1008T TCLP Metals $___________ $___________ $___________ $___________

1008U 9045 $___________ $___________ $___________ $___________

1008V

1010/1020

1008W

AK 101

1008X

AK 102

1008Y

AK 103

Perform Monitoring Well Survey IAW TASK 9 of the SOW

1009A Price per Unit of Well Location Surveying (10 wells/unit)

Install and Maintain Recovery Well IAW TASK 10 of the SOW

1010A

Price per 6” Recovery Wells up to 10 ft (including water table depression and free product recovery pump)

1010B Price per foot of 6” Recovery Well from 11 to 20 feet

1010C

21 to 60 ft

1010D

61 to 120 ft

1010E Mobilization Costs for 6” Recovery Well

1010F Monthly price for Operation and Maintenance of 6” Recovery Well

B35 Con’t Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1010G Cost of Installing Water Table Depression and Free Product Recovery Pump System on a 4” Monitoring Well

1010H Mobilization Cost for 4” Recovery Pump System

1010I Monthly Price for Operation and Maintenance of 4” Recovery Well

Lump Sum Price Per to Conduct Pump Test IAW Task 11 of the SOW

Provide Report Findings IAW Task 12 of the SOW

1012A Lump Sum for Report Preparation, Duplication, and Distribution

1012B Price Per Hour for Report in Excess of those Included in the Lump Sum

Miscellaneous Services IAW TASK 13 of the SOW

1013A Project Manager Price Per Hour

1013B Engineer I Price Per Hour*

1013C Engineer II Price Per Hour*

1013D Engineer III Price Per Hour*

1013E Chemist Price Per Hour

1013F Environmental Scientist I Price Per Hour*

1013G Environmental Scientist II Price Per

1013H Environmental Scientist III Price Per

1013I Geologist I Price Per Hour*

1013J Geologist II Price Per Hour*

1013K Geologist III Price Per Hour*

1013L Hydrogeologist I Price Per Hour*

1013M Hydrogeologist II Price Per Hour*

1013N Hydrogeologist III Price Per Hour*

B35 Con’t Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1013O Toxicologist I Price Per Hour*

1013P Toxicologist II Price Per Hour*

1013Q Toxicologist III Price Per Hour*

1013R Drafter Price Per Hour

1013S Traffic Control Engineer Price Per Hour

1013T Cost Accountant Price Per Hour

1013U Secretary Price Per Hour

1013V Site Labor Foreman Price Per Hour

1013W Remediation System Operator Price Per Hour

1013X Heavy Equipment Operator Price Per Hour

1013Y Laborer Price Per Hour

1013Z Drill Rig Operator Price Per Hour $___________ $___________ $___________ $___________

1013AA

Engineering Technician Price Per Hour

1013AB

Utility Truck Price Per Day

1013AC

02/Explosimeter Price Per Day

1013AD

Sampling Pump Price Per Day

1013AE

Flame Ionization OCA Price Per Day

1013AF

Air Velocity Meter Price Per Day

1013AG

Field GC Price Per Day

1013AH

Furnish and Fill with Soil or Water DOT Approved 55 Gal Drum, Price Per Drum

1013AI

Shipping of Soil and Water Samples for Analytical Testing Price Per 251b Shipping Container

1013AJ

Disposable Bailers

1013AK

500 CFM Thermal Oxidizer (for 6 months use, including mobilization and demobilization)

B35 Con’t

Contract Line Item Number

Services Whittier Indian Eielson Pipeline Anchorage

1013AL

Tedlar Bags Price Per Dozen

1013AM

Pickup Truck (1/2 ton) Price Per Day

1013AN

1 CY Backhoe Loader Price Per Day

1013AO

1 1/2 CY Hydraulic Excavator Price Per Day

1013AP

Rough Terrain Accessible Drill Rig Price Per Day

1013AQ

Dewatering Pump (150 GPM) Price Per

1013AR

Air Compressor (7 cfm) Price Per Day

1013AS

Generator (4000 watt) Price Per Day

1013AT

CAD Equipment Use Charge Price Per

1013AU

Photoionization Detector Price Per Day

Other Direct Cost Reimbursable Services, Materials, or Supplies (Percent Markup for Overhead & Profit)

Lump Sum Price for Background Review

*Where labor grade classifications are used (e.g., I, II, III), I is the lowest skill level, II is the intermediate, and III is the highest skill level.

**State as a percentage, it will be added to the Direct Cost of Work Negotiated under CLIN 1016

(DESC 52.207-9F95)

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

(See Attachment 1)

SECTION E – INSPECTION AND ACCEPTANCE

E5 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996)

(a) DEFINITION. Supplies, as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government, for acceptance, only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

E5 Con’t

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; PROVIDED, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; PROVIDED, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(FAR 52.246-2)

E5.03 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

(a) DEFINITION. Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

E5.03 Con’t

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable, at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default. (FAR 52.246-4)

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992)

The Quality Office assigned inspection responsibility under this contract is Defense Energy Support Center Alaska, 10480 22nd Street, Room 307, Elmendorf, AFB, AK 99506-2570.

(DESC 52.246-9F35)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

(a) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(b) The following procedures shall be used to request a deviation or waiver to the applicable nonconformance(s). A deviation is a request by a Contractor to deviate from the contract requirements after contract award, but prior to initial production of each product (for the duration of the contract). A waiver is a request by a Contractor to deviate from the contract requirements after initial production or each product (on a case-by-case basis or for a set period).

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the Quality Representative (QR). Each request shall provide the following information: Contractor name; contract number; contract line item and product, if applicable; clause number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and equitable price adjustment offered over the administrative fee. In extraordinary situations, the Contractor may initially submit the request for a waiver, not a deviation, through the cognizant QR to the Contracting Officer or the Contracting Officer's Representative (COR) in the Quality Operations Division (DESC-BQ) of the Defense Energy Support Center (DESC). Extraordinary situation requests shall be submitted formally to the Contracting Officer prior to close of business of the next normal DESC workday (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). As used in this clause, the term extraordinary situation means the matter cannot await resolution until the next normal DESC workday. In addition, if either the Contracting Officer or the COR cannot be reached, the Duty Officer shall be contacted and provided the necessary information to forward to the proper individuals as soon as possible. The Duty Officer's telephone number is

(800) 286-7633 or (703) 767-8420; (DSN) 427-8420.

(2) If a deviation or waiver is granted, the contract will be modified to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation dictates, a deviation or waiver may be granted without prior agreement on price adjustment or other consideration subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such agreement shall be documented on the receiving document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(3) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $250 to cover administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(4) If a deviation or waiver is granted modifying this contract but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $500, a second contract modification shall be issued reducing the Contractor's obligation to $500 (the administrative cost of issuing the two required modifications).

(c) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS’ BUNKERS), or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, then in no event will consideration be less than $250 to cover administrative costs. This $250 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(d) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DESC contract.

(e) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to rejecting the supplies or services whenever feasible and documenting the Contractor's performance records. (DESC 52.246-9FQ5)

E50 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) above shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) above shall apply.

(d) Under paragraph (b) above, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(FAR 52.246-16)

E200 INSPECTION OF SERVICES - COST-REIMBURSEMENT (APR 1984)

(a) DEFINITION. Services, as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances or (2) terminate the contract for default.

(FAR 52.246-5)

SECTION G - CONTRACT ADMINISTRATION DATA

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998)

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

(DESC 52.211-9FH5)

G3.01 PAYMENT DUE DATE (DESC OCT 1988)

When payment due date falls on a Saturday or Sunday, or on a United States Official Federal holiday, payment will be due and payable on the following workday. (DESC 52.232-9F45)

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DESC DEC 1999)

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

G9.06 Con’t

(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

(DESC 52.232-9F55)

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(a) METHOD OF PAYMENT.

(1) All payments by the Government under this contract, shall be made by electronic funds transfer (EFT), except as provided in paragraph (a) (2) of this clause. As used in this clause, the term EFT refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) CONTRACTOR’S EFT INFORMATION. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) MECHANISMS FOR EFT PAYMENT. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System.

The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.

(d) SUSPENSION OF PAYMENT. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.

The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) LIABILITY FOR UNCOMPLETED OR ERRONEOUS TRANSFERS.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for—

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously direct funds; or

G9.09 Con’t

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) of this clause shall apply.

(f) EFT AND PROMPT PAYMENT. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT AND ASSIGNMENT OF CLAIMS. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment that the assignee shall register separately in the CCR database and shall by paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) LIABILITY FOR CHANGE OF EFT INFORMATION BY FINANCIAL AGENT. The Government is not liable for errors resulting from changes to EFT information made by the Contractor’s financial agent.

(i) PAYMENT INFORMATION. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.

(FAR 52.232-33)

G17.01 CONTRACTOR'S ACCOUNTING SYSTEM (DESC FEB 1992)

The Contractor shall employ and disclose, in writing, its cost accounting system and practices for this contract which shall identify and record site specific costs on a site specific basis and by contract task order. Site specific cost documentation for each contract task order must be readily retrievable and sufficiently identifiable to enable cross-referencing with payment vouchers. The foregoing is in addition to and/or complementary to other COST ACCOUNTING STANDARDS clauses contained in this contract. The Contractor shall submit the accounting system and practices with the initial offer to the Contracting Officer for approval.

(DESC 52.230-9F05)

G30 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUN 2007)

(a) DEFINITIONS As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, OPTION TO EXTEND SERVICES, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause, or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent…